Eviction Service

Providing proper notice to the tenant is an essential prerequisite to any unlawful detainer action.  3 Day Notices are one of the most common forms and are used to inform the tenant of a claimed violation of the lease or law that could lead to the filing of an eviction lawsuit against the tenant.  There…

Subleasing is an effective tool used by tenants to reduce living expenses or replace roommates.  This article discusses the fundamentals of a sublease arrangement and explains the parties’ rights and obligations under such an agreement.    What is a Sublease? A sublease is the re-renting of property by an existing tenant to a new third…

The legalization of marijuana use in several states, including California, has created confusion over the conflict now existing between state and federal laws addressing the legality of its use.  Does legalizing marijuana use allow California tenants to successfully argue they are entitled to smoke marijuana in a rental unit?  The short answer is “no”.  Landlords…

Becoming a landlord can be a lucrative endeavor, as long as you know the dos and don’ts of running a real property rental business.  This article discusses practices all landlords must avoid when renting a dwelling to a tenant. Do Not Enter the Property Unannounced A landlord’s ownership interest in rental property does not equate…

Buying a rental dwelling with existing tenants has risks and benefits. This article summarizes the pros and cons of purchasing a home with existing tenants and the potential challenges faced by landlords contemplating a purchase of tenant-occupied property.  The Existing Lease Agreement Controls When rental property is purchased by a new owner, he or she…

There are limited circumstances permitting a landlord to change the locks on a California tenant.  This is because a lock change interferes with a tenant’s right to lawful possession of the rented premises under the terms of the lease or rental contract. Competing considerations are at play, namely, the tenants right to possession, and the…

California landlords have an obligation to keep their rental properties in a livable condition. When they don’t, tenants have the right to break their lease, move out, and seek to recover all resulting damages. This is known as a “constructive eviction”.  It occurs whenever the tenant is forced to move from a rental unit that…

Property damage is a major concern for any landlord who turns over the keys to a tenant.  Accordingly, it is important for the landlord to understand the parties’ respective obligations for damage to property occurring during the tenancy.  In short, California law provides that landlords are responsible for normal “wear and tear” damage, and any…

Your tenant has been served with a Notice to Pay Rent or Quit.  The tenant failed to comply with the notice and is still residing at your property.  You take the next step in the eviction process by filing an unlawful detainer lawsuit and serving it on the tenant.  The tenant responds by filing a…

This article discusses the benefits and disadvantages of using mediation as an alternative method of resolving an unlawful detainer lawsuit.  What is Mediation? Mediation is a form of alternative dispute resolution in which a neutral third person helps the parties reach a voluntary settlement of a dispute. It is an informal process in which the…